PENTONVILLE SPIRIT REQUIRED TO FIGHT THE ANTI-UNION LAWS –but precious little of it in TUC resolutions!

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GMB Carillion workers at the Great Western Hospital in Swindon on strike against management bullying
GMB Carillion workers at the Great Western Hospital in Swindon on strike against management bullying

JULY 31 marked the 40th anniversary of a great working class victory, the release of the jailed Pentonville Five dockers in 1972.

The TUC was forced to call a general strike as thousands marched on Pentonville Prison, north London, where the five TGWU militants were jailed after being convicted by the new Industrial Relations Court under the Heath Tory government’s anti-union laws.

Their crime was picketing the Midland Cold Store!

The workers, Cornelius Clancy, Derek Watkins, Tony Merrick, Vic Turner and Bernie Steer were part of the fight against containerisation at the UK’s docks and their arrest provoked an unofficial national strike.

The dockers then began picketing out Fleet Street and plants and factories all round the country.

They raised the temperature of the class struggle to the point where the TUC general secretary Len Murray and the General Council were forced to call a general strike.

This caused panic amongst the Tories who lost no time in finding an ‘official solicitor’ to free the five imprisoned dockers.

The working class then surged forward in two miners strikes and brought down the Heath government.

Labour, under Harold Wilson, were returned first of all with a majority of six, then a year later with a much bigger majority.

The Labourites were then forced to repeal the anti-union laws and scrap their industrial courts, a great victory for the working class.

This is the sort of approach that is needed today. However, there is precious little of it in the preliminary resolutions put forward for this September’s TUC Congress.

Yesterday we showed how the resolutions on ‘Austerity’ were penned in such a way so as not to offend the Miliband leadership, and certainly pose no threat to the bosses.

Today we deal with the section of the agenda that deals with the continuing legal attacks on the trade unions’ right to strike and right to organise.

A motion on the preliminary agenda from the over one-million-strong Unite union, P11 Trade union rights, states: ‘Congress is appalled that the UK remains the country with the most restrictive trade union rights in the developed world, and reiterates its frustration that the Tory anti-trade union legislation was not repealed during 13 years of Labour government.

‘Congress is also appalled at the latest attempts by the CON-DEM government to further weaken trade union and employment rights.

‘Those attempts are inspired by the Beecroft Report and are championed by the far right ideologues of the Tory Party’s “Trade Union Reform Campaign”.

‘So far their proposals have included:

‘i attacks on facility time for union reps in the public sector

‘ii moves to reduce the consultation period from 90 to 30 days in cases of mass redundancies

‘iii attacks on employment tribunals that include fees to bring cases and single-judge only hearings

‘iv proposals for “no fault dismissals” that will allow arbitrary dismissals by employers

‘v an extension of the qualifying period for unfair dismissal from one to two years of employment.

‘Congress entirely rejects the idea that weakening union and employment rights will help economic recovery, and pledges to resist the proposed changes with all means at its disposal.

‘To this end Congress will: ‘a build and develop the TUC Employment Rights campaign launched in May 2012

‘b develop coherent proposals for a new approach to trade union and employment rights in the UK, based on ILO and European standards

‘c work to secure full commitment to this programme from a future Labour government.’

Unite continues to prop up Miliband. No mention here of trade union action to smash the anti-union laws, let alone any call for a general strike to bring down the coalition to go forward to a workers government.

The GMB, which has been organising strike action in defence of ancillary health workers employed by Carillion at Swindon’s Great Western Hospital, has put forward P15 Illegal corporate bullying.

This states: ‘Congress agrees the maintenance of secret lists of individuals or groups, (so-called “blacklisting”), is illegal corporate bullying causing misery for individuals and their families.

‘Congress:

‘i condemns activities exposed in 2009 when the Information Commissioner’s Office raided the Consulting Association, which operated lists on behalf of over 40 UK companies including Carillion, Balfour Beatty, Mowlem, Laing O’Rourke and Wimpey, and maintained records on trade unionists, politicians, journalists, lawyers and academics

‘ii agrees with Keith Ewing this was “the worst human rights abuse in relation to workers” in the UK in 50 years

‘iii is alarmed that only a fraction of the 3,213 listed are aware of their inclusion

‘iv believes the ICO list is evidence of an endemic, systemic and deep-rooted culture

‘v agrees the level of wrong-doing and abuse exposed in the construction industry is equivalent to newspaper phone-hacking

‘vi welcomes assurances won by Labour MEPs from the European Commission on “blacklisting” of trade union activists.

‘Building on the resolution agreed by Congress 2010, Congress instructs the General Council to:

‘a campaign to expose these illegal activities

‘b enable the ICO to reveal the names of the known victims of the Consulting Association

‘c call on politicians to bring social justice for the victims and their families

‘d encourage public bodies to review whether public contracts be awarded to companies involved in such activities

‘e call for a public inquiry on a par with the Leveson Inquiry and changes in the law to make “blacklisting” an imprisonable offence with unlimited fines for damages.’

The GMB is to be congratulated for supporting the Carillion strikers but appealing to politicians and calling for a Leveson-style inquiry will not end blacklisting.

National strike action to demand the nationalisation of the construction industry and clearing the privateers out of the NHS is necessary.

This again means a general strike to bring down the coalition and go forwards to a workers government that carries out socialist measures.

The RMT union has correctly proposed opposition to secret courts.

Its motion P16 Hidden courts states: ‘Congress is deeply concerned at proposals contained in the Justice and Security Bill to allow “hidden courts.”

‘Congress notes the government proposals would create a new generation of secret courts that would extend the powers of the intelligence agencies to monitor the public’s emails, telephone calls and social media communications and which would allow ministers to decide what materials are to be concealed from the public.

‘Congress believes that the introduction of such laws would prevent evidence from coming to light that would highlight government interference in cases such as Guantanamo, when the Labour government of the day had instructed MI5 and MI6 to become closely involved in the abduction and torture of terrorism suspects after 9/11.

‘Congress is totally opposed to these secret courts and also notes the concerns of Liberty that the government’s proposals:

‘i are attempting to set the government above ordinary people and the law

‘ii will fundamentally damage our centuries-old system of fair trials

‘iii are not only dangerous, but unnecessary

‘iv represent a serious threat to freedom of speech and the media’s ability to report on government actions

‘v pose a significant threat to public scrutiny and accountability.

‘Congress request that the General Council helps raise awareness of these proposals in the trade union and labour movement and also holds discussions with Liberty to discuss joint campaigning against this aspect of the Justice and Security Bill.’

Any notion that the capitalist state can be reformed is dangerous nonsense, as is the idea that a Miliband government would repeal such a law.

The ruling class needs its state, and is strengthening it in readiness for civil war on workers and youth as they rise up against the devastating effects of the capitalist crisis and the actions of the coalition.

What is needed is a leadership that will mobilise the great power of the working class and youth to smash the capitalist state on the road to a workers government and socialism.

• Concluded tomorrow